PR951924 PR951924 Download Word Document AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION Workplace Relations Act 1996 s.170CE application for relief in respect of termination of employment Matthew Robertson and United Recruitment (U2004/2699) COMMISSIONER HINGLEY MELBOURNE, 16 SEPTEMBER 2004 Termination of employment. DECISION [1] This matter arose from an application lodged by Mr Matthew Robertson (the applicant) under s.170CE (1) of the Workplace Relations Act 1996 (the Act) seeking relief in respect of the alleged termination of employment by United Recruitment (the respondent). [2] This instant matter was a jurisdictional objection by the respondent in that it was said that the applicant was a casual employee employed for a short period and therefore excluded from the jurisdiction of the Act under s.170CBA. [3] Ms T Rowe of the Victorian Employers' Chamber of Commerce and Industry appeared with Ms O Barry on behalf of the respondent. [4] There was no appearance on behalf of the applicant. Unsuccessful attempts were made to contact the applicant and the matter proceeded in his absence. [5] The applicant was sent the following correspondence by certified mail on 26 August 2004; "Dear Mr Robertson, Re: U2004/2699 Robertson v United Recruitment The above matter was listed for jurisdiction hearing on 20 August 2004. A notice of hearing was sent to you on 11 June 2004. We note that you did not appear. The matter proceeded as listed in your absence. No decision as yet has been given in this matter and I am providing you herewith, with transcript of the proceedings so that you may respond in writing. A copy of your response should be sent to the Company. If I have not had any response from you by close of business (5 p.m.) Monday 6 September 2004, I shall assume you do not wish to do so and will proceed to issue a decision based on all that was before me. Yours faithfully, L.N. Hingley COMMISSIONER 26 August 2004" [6] No response was received by Wednesday 15 September 2004. Decision. [7] In the absence of an appearance by or on behalf of the applicant on the date listed for hearing and a response to the Commission's letter of 26 August 2004, the substantive application (U2004/2699) is dismissed for want of prosecution. Printed by authority of the Commonwealth Government Printer <Price code A>